What is the purpose of a declaration or affidavit under 37 CFR 1.130(a)?

A declaration or affidavit under 37 CFR 1.130(a) serves to attribute a disclosure that might otherwise qualify as prior art to the inventor or joint inventor. Its purpose is to establish that the disclosure was made by the inventor or joint inventor, or obtained directly or indirectly from them.

As stated in MPEP 717.01(a)(1):

The purpose of a declaration or affidavit submitted under 37 CFR 1.130(a) is to establish that the disclosure was made by the inventor or a joint inventor, or the subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor.

This helps to remove potential prior art that could otherwise be used against the patent application.

To learn more:

• 37 CFR 1.130(a)
• declaration
• affidavit
• prior art
• inventor disclosure

To learn more:

• 37 CFR 1.130(a)
• disclosure